USA v. Snow

Filing 28

ORDER adopting the report and recommendation of the Magistrate Judge. The government's motion for conditional release is GRANTED. Signed on 3/18/2019 by District Judge M. Douglas Harpool. (Levin, Benjamin)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
vs.
DANIEL SNOW,
Defendant.

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Case No. 6:17-CV-03041-MDH

ORDER
Before the Court is the Report and Recommendation of the Magistrate Judge. (Doc. 27).
The Magistrate Judge recommends that the Government’s Motion for Conditional Release (Doc.
23) be granted and that the Defendant be released pursuant to 28 U.S.C. § 4246(e) subject to the
conditions enumerated by M.D. Smith. (Doc. 23-2). Both parties have waived the 14-day period
to file objections, and the matter is now ripe for review. (Doc. 26, at 3).
Defendant was charged with bank robbery in August 2015. (Doc. 23-2 at 3). He was
determined not competent to proceed to trial and was committed civilly on July 25, 2017. Id.

A

Risk Assessment Panel led by Ashley Christiansen, Ph.D., found that Defendant has recovered
from his mental disease or defect to such an extent that his conditional release is now appropriate
under 18 U.S.C. § 4246(e) and have recommended he be granted conditional release. (Doc. 23-1,
at 14). Staff at the USMCFP have recommended appropriate arrangements and treatment for
Defendant upon release. (Doc. 23-2, at 2).
After careful consideration of the record, the Court agrees with and hereby ADOPTS the
Report and Recommendation of the Magistrate Judge. The Government’s Motion for Conditional
Release is GRANTED. The Court orders that Defendant be, and hereby is, conditionally

RELEASED pursuant to 28 U.S.C. § 4246(e) under the following conditions once suitable release
arrangements, including notification to the appropriate persons to schedule an arrival date,
finalization of release paperwork, transportation arrangements, initial appointments for mental
health aftercare, and contact with the assigned U.S. Probation Officer, are completed. These
arrangements shall be completed without unreasonable or unnecessary delay.
1. Once a bed is available, he shall reside at a Community Enhancement Resident
Program. The specific location will be determined at release, based on bed
availability. Any change in residence must be pre-approved by U.S. Probation.
2. He shall be supervised by the U.S. Probation Office.
3. He shall actively participate in, and cooperate with, a regimen of mental health
care and case management as directed by the treating mental health provider.
This is to include voluntary admission to an inpatient program for stabilization
should it be deemed necessary.
4. He shall continue to take medication, including injectable units, as shall be
prescribed for him by the medical provider.
5. He shall waive his rights to confidentiality regarding his mental health treatment
in order to allow sharing of information with the supervising U.S. Probation
Officer and other mental health treatment providers, who will assist in
evaluating his ongoing appropriateness for community placement.
6. He shall refrain from the use of alcohol and illegal drugs, as well as the abuse
of over-the-counter medications, and submit to random urinalysis testing as
warranted by treating mental health staff and/or the probation officer. He shall

participate in substance abuse treatment as deemed necessary by the treatment
provider.
7. He shall not have in his possession, at any time, actual or imitation firearms or
other deadly weapons and he may not write, say or communicate threats. He
shall submit to a warrantless search on request of his U.S. Probation Officer or
any law enforcement officer of his person or property for the purpose of
determining compliance with this provision and shall permit confiscation of any
such contraband.
8. He shall not commit a federal, state, or local crime, and that he immediately
notify his U.S. Probation Officer if he is arrested or questioned by any law
enforcement officer. He shall not associate with any person convicted of a
felony unless granted permission to do so from his U. S. Probation Officer.
9. He shall attend to the Dade County misdemeanor charge of Refusal to Pay
Transit Fee in a manner that will avoid further charges or arrest.
10. He shall abide by all parameters set forth in the active Order of Protection of
Melvin Robinson issued by Dade County Court.
11. Annual reports shall be written by the U.S. Probation Office regarding the status
of his conditional release. The report shall be submitted to the Legal Department
at USMCFP Springfield, Missouri, for filing with the Court.
IT IS SO ORDERED.
DATED: March 18, 2019
/s/ Douglas Harpool________________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE